Torshare Ltd. v. Caion Corporation Company, et al
| Torshare Ltd. and SHENZHEN TORSHARE TECHNOLOGY CO., LTD. |
| Caion Corporation Company, GLLUSA, Does 1-10, NRG Technologies USA Inc., General Led Corp., Bowery Ltg Inc., Eco Led Inc., George Geffen, Daniel Yu, Michael Kwang and Green Logic Led Electrical Supply Inc. |
| 2:2022cv06418 |
| October 21, 2022 |
| US District Court for the Eastern District of New York |
| Joan M Azrack |
| Lee G Dunst |
| Contract: Other |
| 28 U.S.C. § 1330 Breach of Contract |
| Plaintiff |
Docket Report
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| Filing 11 SUMMONS ISSUED as to Bowery Ltg Inc., Caion Corporation Company, Eco Led Inc., George Geffen, General Led Corp., Green Logic Led Electrical Supply Inc., Michael Kwang, NRG Technologies USA Inc., Daniel Yu. (LC) |
| Filing 10 Proposed Summons. by SHENZHEN TORSHARE TECHNOLOGY CO., LTD. (Attachments: #1 Proposed Summons Proposed summons to BOWERY, #2 Proposed Summons Proposed summons to ECO, #3 Proposed Summons Proposed summons to GEFFEN, #4 Proposed Summons Proposed summons to GENERAL, #5 Proposed Summons Proposed summons to GREEN, #6 Proposed Summons Proposed summons to KWANG, #7 Proposed Summons Proposed summons to NRG, #8 Proposed Summons Proposed summons to YU) (Deng, Yifei) |
| Filing 8 AMENDED COMPLAINT against Bowery Ltg Inc., Caion Corporation Company, Does 1-10, Eco Led Inc., George Geffen, General Led Corp., Michael Kwang, NRG Technologies USA Inc., Daniel Yu, Green Logic Led Electrical Supply Inc., filed by SHENZHEN TORSHARE TECHNOLOGY CO., LTD.. (LC) Modified on 12/5/2022 to renumber back to 8 (LC). |
| Incorrect Case/Document/Entry Information. The 8 Amended Complaint filed on 12/2/2022 by attorney Faye (Yifei) Deng on behalf of Plaintiff has been deleted from the above-referenced case and re-entered by the Clerk's Office as counsel did not add the new defendants. All corrections have been made. No action required by counsel. (LC) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE by SHENZHEN TORSHARE TECHNOLOGY CO., LTD. (Deng, Yifei) |
ORDER TO SHOW CAUSE. It is not clear from the Complaint that the Court has subject matter jurisdiction over this action. The Complaint identifies plaintiff as "Torshare LTD.," but also states that plaintiff is a Chinese corporation. For purposes of determining citizenship, American corporations and limited liability companies (LLCs) are analyzed differently. See Bayerische Landesbank, New York Branch v. Aladdin Capital Management LLC, 692 F.3d 42, 49 (2d Cir. 2012) (holding that the defendant limited liability company takes the citizenship of each of its members); Handelsman v. Bedford Village Associates Ltd. Partnership, 213 F.3d 48 (2d Cir. 2000) (same with respect to limited partnerships). In Fellowes, Inc. v. Changzhou Xinrui Fellowes Office Equipment Company Ltd., 759 F.3d 787, 787 (7th Cir. 2014), the Seventh Circuit held that a Chinese "limited liability company" (which also had "Ltd." in its name) was analogous to an American LLC for purposes of diversity jurisdiction. Plaintiff is ORDERED TO SHOW CAUSE, in writing, by December 2, 2022, why this case should not be dismissed for lack of subject matter jurisdiction. Plaintiff's response must identify each member of plaintiff and provide sufficient facts to draw a conclusion as to each member's citizenship.Ordered by Judge Joan M. Azrack on 11/17/2022. (RT)
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| Filing 7 Summons Issued as to Caion Corporation Company. (CL) |
| Filing 6 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (CL) |
| Case Assigned to Judge Joan M. Azrack and Magistrate Judge Lee G. Dunst. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CL) |
| Filing 5 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (PB) (Additional attachment(s) added on 10/26/2022: #1 Additional Corrections) (CL). |
| Filing 4 Proposed Summons. by Torshare Ltd. (Deng, Yifei) |
| Filing 3 Civil Cover Sheet.. by Torshare Ltd. (Deng, Yifei) |
| Notice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed 2 Page Form Civil Cover Sheet. Please submit a completed Second Page (Not the Instruction Page) Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (KD) |
| Filing 2 Corporate Disclosure Statement by Torshare Ltd. identifying Corporate Parent Led Optoelectronic Co., Ltd. for Torshare Ltd.. (Deng, Yifei) |
| Filing 1 COMPLAINT Torshare Ltd. against Caion Corporation Company against Torshare Ltd. filing fee $ 402, receipt number ANYEDC-16064511 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Torshare Ltd.. (Attachments: #1 Civil Case Cover Sheet, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3) (Deng, Yifei) Modified on 10/26/2022 (CL). |
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